SENATE BILL NO. 458

A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

(MCL 169.201 to 169.282) by adding section 30a.

the people of the state of michigan enact:

Sec. 30a. (1) A person shall not make a contribution to a committee of a judge or supreme court justice if that person is a party to an action or other legal matter pending before that judge or justice.

(2) An independent committee or a political committee shall not make a contribution to a committee of a judge or supreme court justice if that independent committee or political committee is primarily funded by members of a limited liability company and either of the following is true:

(a) The limited liability company is a party to an action or other legal matter pending before that judge or justice.

(b) An officer, director, or manager of the limited liability company is a party to an action or other legal matter pending before that judge or justice that relates in any way to that party's conduct as an officer, director, or manager of that limited liability company.

(3) For purposes of this section, an independent committee or political committee is primarily funded by members of a limited liability company if members of the limited liability company contributed 50% or more of the total amount of contributions to the independent committee or political committee during the 1-year period before the date of a contribution prohibited by this section.

(4) An independent committee or political committee shall not make a contribution to a committee of a judge or supreme court justice if the independent committee or political committee is controlled or directed by a person that is a party to an action or other legal matter pending before the judge or justice.

(5) An independent committee or political committee shall include with a contribution to a committee of a judge or supreme court justice a written statement indicating every person that controls or directs the contributing committee and whether the contributing committee is primarily funded by members of a limited liability company. If the contributing committee is primarily funded by members of a limited liability company, the contributing committee shall disclose in the written statement the name and address of the limited liability company.

(6) A committee of an incumbent judge or supreme court justice shall not accept a contribution from any of the following:

(a) A person prohibited from making a contribution under subsection (1).

(b) An independent or political committee prohibited from making a contribution under subsection (2).

(c) An independent or political committee without a written statement required under subsection (4).

(7) A person that violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than 3 times the amount of the prohibited contribution, or both.

(8) A person that authorizes a contribution by an independent or political committee prohibited by subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than 3 times the amount of the prohibited contribution, or both.

(9) A person that controls or directs an independent or political committee that violates subsection (4) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than 3 times the amount of the prohibited contribution, or both.

(10) An incumbent judge or supreme court justice whose committee accepts a contribution prohibited by this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than 3 times the amount of the prohibited contribution, or both. A committee of an incumbent judge or supreme court justice is considered to have accepted a contribution prohibited by this section if the committee has not returned the prohibited contribution to the contributor 7 days after receiving the contribution.

(11) The treasurer of a committee of an incumbent judge or supreme court justice who accepts a contribution in violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than 3 times the amount of the prohibited contribution, or both. A committee of an incumbent judge or supreme court justice is considered to have accepted a contribution prohibited by this section if the committee has not returned the prohibited contribution to the contributor 7 days after receiving the contribution.